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Contents (2012 - 96)
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Forestry Act 2012 No 96
Current version for 11 October 2019 to date (accessed 6 April 2020 at 16:12)
Part 3 Division 5 Section 31
31   Exchange of land dedicated as State forest
(1916 Act, s 16A)
(1)  The Minister may enter into an agreement for the sale or other disposal of land dedicated as State forest subject to the sale of other land, or of an interest in other land, to the Crown for the purpose of a State forest or for access to a State forest (a land exchange agreement).
(2)  A land exchange agreement may contain such terms and conditions as the Minister thinks fit.
(3)  The Minister may not enter into a land exchange agreement unless—
(a)  the Minister has consulted the Corporation about the proposed agreement, and
(b)  the Minister administering the provisions of an Act (other than this Act) relating to dealings with land vested in the Crown has approved the proposed agreement in so far as it relates to the grant of or other dealing with land that, under the agreement, is to be held subject to those provisions and in so far as it relates to the terms and conditions on which it is to be so held, and
(c)  a copy of the proposed agreement has, where it provides for the sale or other disposal of dedicated land that exceeds 20 hectares in area, been laid before both Houses of Parliament, and
(d)  if compliance with paragraph (c) is required—
(i)  notice has not been given, in either House of Parliament within 15 sitting days after a copy of the proposed agreement has been laid before it, of a motion that the agreement not be entered into, or
(ii)  if any such notice is given, that the motion pursuant to the notice has been withdrawn or defeated.
(4)  Subsection (3) does not operate to prevent the Minister from entering into an agreement by reason only that the parties to the agreement differ from those specified in a proposed agreement, relating to the same land, that the Minister is authorised to enter into.
(5)  An interested party is not required to inquire—
(a)  whether subsection (3) has been complied with in relation to an agreement purporting to have been made under this section, or
(b)  whether the Minister is authorised to give effect to the agreement by an assurance of land vested in the Minister as the Constructing Authority under the Public Works Act 1912.
(6)  For the purposes of subsection (5), an interested party is any of the following—
(a)  a party to a land exchange agreement,
(b)  a person claiming an estate or interest in any land the subject of a land exchange agreement,
(c)  the Registrar-General or other person registering or certifying title to land the subject of a land exchange agreement.
(7)  If a land exchange agreement provides for the doing or execution of any act, matter or thing under an Act other than this Act and the doing or execution of the act, matter or thing would not, but for this subsection, be authorised by that other Act, the doing or execution of that act, matter or thing is taken to be so authorised, and any other act, matter or thing for which the agreement provides may be done or executed without any further authority than this Act.
(8)  A failure to comply with subsection (3) in respect of a land exchange agreement does not invalidate the agreement or anything done under it.